Prenuptial/Postnuptial Agreement Lawyers in Sacramento
Prenuptial and postnuptial agreements can protect individuals if a marriage does not work out. Formal agreements cannot solve every problem, but they can help you and your spouse avoid uncomfortable confrontations during a divorce. Whether you create and sign an agreement before (prenup) or after (postnup) you tie the knot, review the following information. If you need help with obtaining a prenuptial or postnuptial agreement, or need help understanding a prenuptial agreement, contact an experienced Sacramento prenuptial or postnuptial agreement attorney at Boyd Law for help.
A prenuptial agreement allows individuals to:
- Protect assets and personal property from becoming community property during marriage
- Create a plan for debt responsibility
- Protect an inheritance
- Ensure care for a child from a previous marriage or relationship
- Identify an asset plan in the event one spouse dies
- Outline the responsibilities of each individual during the marriage
Individuals cannot use a prenuptial agreement to:
- Predetermine child support, custody, or visitation rights
- Sign away the right to spousal support
- Create favorable terms that may encourage a divorce
- Plan or provide for any illegal activity
Historically, individuals used prenuptial agreements as a wealth protection strategy. Individuals of high net worth would draft them to protect their assets during a marriage. In modern society, many individuals sign a prenuptial agreement to prevent confusion later on or because they recognize the high potential for divorce in modern society.
For the courts to uphold a prenup as a legally binding contract, both spouses must sign it. Thus, each individual needs independent legal representation when developing and agreeing to the contract. It becomes official when the marriage occurs. The court may not uphold the document as legally binding if:
- One of the individuals was coerced into signing
- It was not properly executed
- It includes non-enforceable provisions
- The information outlined is incomplete or erroneous
- The court believes the prenup is unconscionably unfair to one party
Postnuptial agreements occur after a marriage takes place. A couple may decide to develop a postnup for many of the same reasons they would a prenup. Postnups can help individuals maintain financial security if they plan to leave the workforce for an extended period of time, and they can help couples renew their commitment to marriage. Like prenuptial agreements, postnuptial contracts that meet the requisite criteria are fully enforceable.
Updating Prenuptial and Postnuptial Contracts
If you move forward with a pre- or post-marriage contract, you must update it regularly. As you acquire and remove property and your relationship evolves, you may need to add, modify, or delete sections from the agreement. Work with your Sacramento prenuptial agreement attorney or Sacramento postnuptial agreement lawyer to determine the best way to modify or update your contract.
Talking to Your Significant Other About an Agreement
Many people perceive prenuptial contracts as a sign of mistrust. When handled indelicately, bringing up the subject can damage an engagement or marriage. Carefully crafted prenuptial agreements do not foreshadow the inevitability of divorce; they simply protect loved ones from financial insecurity and confusion. In the case of debt, for instance, a prenuptial agreement can protect your future husband or wife from being accountable for your student loans.
Your Sacramento Prenuptial and Postnuptial Attorneys
The Sacramento prenuptial or postnuptial agreement attorneys at Boyd Law handle divorce cases on a regular basis. We understand how damaging asset and or property division disagreements can be for the families involved. Although divorce rates are high in this country, we want every couple to have the best opportunity at marital success. A well-crafted prenuptial or postnuptial agreement can help. If you are interested in drawing up a legally enforceable agreement, you will need the assistance of a qualified family lawyer in Sacramento, CA. Get started with a free consultation, and visit with us for more information. Reach out to our Sacramento office today to find out if a prenuptial or postnuptial agreement is right for you.